Yesterday, by a 68-30 vote, the U.S. Senate passed Senator Al  Franken’s amendment to the Department of Defense Appropriations Bill (Amendment 2588) that, according to Stop Family Violence, prevents the Defense Department from using  contractors that require, “mandatory employment arbitration of employment discrimination, sexual harassment, and sexual assault claims”. Franken’s amendment was a response to cases such as that of Jamie Leigh Jones who was raped by fellow employees of Halliburton while serving in Iraq and then told she could not take her case to court but had to pursue her allegations through her employment contract’s binding arbitration  clause.

According to the Houston Chronicle, among those who opposed the bill, Sen. Jeff Sessions (R-AL)  said that, “the Defense Department did not want it. He said it would invalidate due process rights of employers and employees and arbitration can be better and less expensive for employees.”  How Sen. Sessions concludes that preventing criminal charges in human rights cases is a denial of due process is baffling, to say the least.

Unfortunately, Franken’s amendment only addresses a small part of the continuing  blatant disregard for women’s human rights as a result of U.S. military actions.  The Asia Times reported yesterday that,

A report by the Washington, DC, Project on Government Oversight recently released publicly tells of the wild naked antics of members of ArmorGroup (AG), which has a United States State Department contract to provide security for the US Embassy in Kabul, Afghanistan.

Hardly mentioned is the use of local bordellos by some contractors. It took a lawsuit filed on September 9 by James Gordon, a former ArmorGroup director of operations, and subsequent whistleblower, against ArmorGroup North America and associated defendants – ArmorGroup International (AGI), Wackenhut Services Inc (WSI), and various management individuals – to bring details to light. Among other things he charges that AG:

  • Allowed AGNA managers and employees to frequent brothels notorious for housing trafficked women in violation of the Trafficking Victims Protection Act, and shutting down the plaintiff’s efforts to investigate and put a stop to these violations.
  • Deliberately withholding documents relating to violations of the Trafficking Victims Protection Act allegedly committed by AGNA’s program manager and other AGNA employees when responding to a document demand from US Congressman Henry Waxman on behalf of the Congressional Committee on Oversight and Government Reform.

Last week U.S. Secretary of State Hillary Clinton stated in regard to the unanimous passage of U.N. Security Council Resolution 1888, violence against women is criminal, not cultural.  UNSC 1888 calls for:

  • The appointment of a special representative to lead efforts to end conflict-related sexual violence against women and children.
  • The creation of a team of experts to help governments in preventing conflict-related sexual violence, strengthening civilian and military justice systems and enhancing aid to victims.
  • Reports by U.N. peacekeeping missions to the Security Council about the prevalence of sexual violence.
  • Consideration by the U.N. Security Council of patterns of sexual violence during the process of adopting or targeting sanctions.
  • The inclusion of women’s protection advisers in peacekeeping operations where it is appropriate, as determined by the U.N. secretary-general.
  • The submission of annual reports by the secretary-general on the implementation of this resolution as well as more systematic reporting on conflict-related sexual violence.

While Clinton’s championing of this resolution is welcome and her recognition that violence against women is criminal is entirely correct, the unfortunate reality is that there is a culture of military impunity that allows for this kind of violence throughout the world and that despite a lot of rhetoric and too many Congressional hearings and reports, the U.S. military has shown little inclination to truly end its practice within the ranks. It also needs to be pointed  out that the United States is one of only a handful of nations that has not ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) which,

defines discrimination against women as “…any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”

The U.S. is also one of only a few nations who have not signed U.N. Security Council Resolution 1325 which addresses the impact of war on women and the contributions of women in conflict resolution and sustainable peace.  Nor does the U.S. adher to the International Criminal Court’s recognition of rape and sexual assault as war crimes.

In addition, as Ret. Col. Ann Wright pointed out in August, while Hillary Clinton’s strong statements regarding the need to end the horrific and relentless violence against women in the Democratic Republic of Congo are much needed, her plan to bring relief to these women involves using the U.S. military which is quite worrisome, given the record of the U.S. military in regard to sexual violence.  According to Wright,

(T)he U.S. military’s Africa Command (AFRICOM) is sending an assessment team to “determine how to best assist survivors,” and provide “sensitivity training on sexual violence and legal seminars that contribute to the professionalization of the Congolese military.”

If the women of the Congo should Google, “U.S. military – sexual assault and rape,” I suspect they will decline the offer of assistance from the African Command. 1 in 3 women in the U.S. military are sexually assaulted or raped. Women and girls in countries with U.S. military bases are raped by U.S. military. 8,000 U.S. Marines are being “re-located” from Okinawa in great measure because of citizen activist pressure following the numerous rapes of women and girls there. Prosecution rates in rape cases in the military are abysmal- 8% versus 40% in civilian cases.

The August 10, 2009 Washington Post article “Congo’s Rape Epidemic Worsens During U.S.-Backed Military Operation” begins with an alarming statement: “For the women of eastern Congo, a U.S.-backed Congolese military operation meant to save them from abusive rebels has turned an already staggering epidemic of rape has become markedly worse since the January deployment of tens of thousands of poorly trained, poorly paid Congolese soldiers, with people in front-line villages such as this one saying the soldiers are not so much hunting rebels as hunting women.”

We need to also remember that when the U.S. declared war on Afghanistan and later Iraq, one of the justifications was the need to liberate the women in those countries.  Unfortunately despite some gains, living conditions for women in both countries have become increasingly dire which makes Clinton’s plan to utilize  the military infrastructure to provide aid in the DRC very suspect As The Real News Network reports in their series, Africom or Africon, the reality is that the purpose of the U.S. military presence in Africa has nothing to do with women’s human rights:

So while applauding Sen. Franken for taking much needed action to insure that companies like Halliburton are not allowed to profit while blatantly violating human rights, the reality is that much more needs to be done to end the culture of impunity that is an integral part of militarism.

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Irene Weiser of Stop Family Violence has issued the following statement and call to action regarding the Marriott’s horific treatment of the woman who was raped in the parking garage of their Stamford, RI hotel:

“Jane Doe was viciously assaulted by a rapist in 2006, and is being viciously assaulted again now by a calloused corporation that has put its bottom line above human decency.  There is nothing in the Marriott’s latest statement to indicate Marriott takes any responsibility for what happened to the survivor, nor any evidence that they wish to end her ongoing suffering by settling the lawsuit.  Rather, the statement merely signals a change in legal strategy because the public relations fallout from their bullying legal tactics are hurting business.”

“The statements and actions by Marriott International were cruel and heartless and no doubt have added to the rape survivor’s trauma.  What’s more, Marriott’s actions have sent a chill to women everywhere since fear of being blamed and ruthless legal tactics are key reasons that survivors don’t report this all-too-common demeaning and brutal crime.”

“It is time for society to stop blaming survivors of rape for the crimes committed against them and to start placing the blame squarely where it belongs – on the men who perpetrate these acts and on societal attitudes that excuse men’s violence and condone the degradation of women.”

Marriott International’s August 14 press release states, “unfortunately this situation has created a mistaken impression that Marriott lacks respect and concern for Ms. Doe or other victims of violent crime.”

StopFamilyViolence.org calls on Marriott International Inc. to clear up this ‘mistaken impression’ and show true respect for Ms. Doe and all women by taking the following actions:

1.   Issue a public apology to Ms. Doe regarding the calloused legal tactics that were used against her in which Marriott accepts responsibility for not providing a safe environment and expresses regret for the trauma their legal strategy and negligence have caused.

2.   Stop pursuing a trial and instead settle the case with Jane Doe for the damages she seeks.

3.   Become a leader for the hotel industry and make the respect and safety of women a top priority at all Marriott properties by doing the following:

a)   Ensure that all Marriott properties have adequate lighting and security cameras indoors, outdoors and in parking garages.  Provide parking escorts 24/7 if asked and make it clearly known that Marriott provides this service. (Alternatively – provide valet parking for all at no additional charge.)

b)   Screen all job applicants and current employees and refuse to employ anyone with a history of domestic violence, sexual assault, stalking or child abuse.

c)   Become a member of the Corporate Alliance to End Partner Violence and develop human resource policies to protect employees who are victims of domestic violence, sexual assault or stalking.

d)   Make annual financial and in-kind contributions to the sexual assault and domestic violence organizations that serve the communities where Marriott properties are located.

e)   Remove “Adult videos” from in-room movie selections in all Marriott properties.  More than anything else in our culture, pornography legitimizes men’s degradation and sexual abuse of women.

Please click here to send a message to Marriott

For previous coverage of this issue on the FPN blog, click here.

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The relationship between economic difficulties and domestic violence has been discussed here numerous times before (explaining in large part why we are at Part 22 of this series) and this is the latest unfortunate tangible proof of that connection.  Via Stop Family Violence:

Governor Schwarzenegger line item vetoed the Department of Public Health’s Domestic Violence Program, which provides $20.4 million for 94 domestic violence shelters and centers.

Domestic violence shelters are often the only thing standing between victims and grave physical danger, and California’s communities cannot sustain their loss.

Services provided by these agencies include emergency shelter, transitional housing, legal advocacy, assistance with restraining orders, counseling and other vital support services.

“We are appalled to see the Governor eliminate funding to vital programs that save lives,” said Tara Shabazz, Executive Director of The California Partnership to End Domestic Violence (CPEDV). “State funding to domestic violence programs has been proven to save lives, and also millions of dollars in health care, law enforcement and other social costs. It is fiscally irresponsible to propose such cuts; the Governor is balancing the budget on the backs of our state’s most vulnerable citizens.”

“If the Governor’s budget cuts are allowed to stand, victims will not have a place to turn for help and lives will inevitably be lost.”

If you live in California, click here to take action!

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